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Home My WebLink About95-01437 1 dJ -7 ~ .~ E '" ci.l , k I.Q -t J cf) " '.' ',. ~: ~ " '. ~ J .. [' Cf) -::t- - .;] i:; ~ F \flLE&'\OArAFILI!\MIS(,'ARI~OKII REA JAMES E. BEARD and SCOTT STERNER. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs vs. NO. 1437 CIVIL 1995 JEFFREY BRANDT and BETTY 10 BRANDT, Defendants TO: Paula J. McDermott. Esquire KILLIAN & GEPHART 218 Pine Street P. O. Box 886 Harrisburg, PA 17108-0886 Lawrence J. Neary Esquir: CONNELLY, REID & SPADE 108-112 Walnut Street p, O. Box 963 Harrisburg, PA 17108 NOTICE OF HEARING YOU ARE HEREBY NOTIFIED that the undersigned aribtrators appointed by the Court in the above captioned matter will meet for the purpose of their appointment on Wednesday. August 28. 1996, beginning at 2:00 p.m. in the Second Floor Hearing Room of the Old Courthouse, Carlisle, Pennsylvania. at which time and place you may appear and be heard, together with your witnesses and counsel, if you so desire. DATED: June 19, 1996 j)..J Ie \)~ Daniel K. Deardorff, Esq Ire - Chairman Andrea Jacobsen, Esquire Robert Kline, Esquire cc: Andrea Jacobsen. Esquire Robert Kline, Esquire Court Administrator's Office Cumberland County Courthouse Carlisle. PA 17013 JAMES E. BEARD and SCO'IT STERNER. Plaintiffs : IN TIlE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY. PENNSYLVANIA vs. . : NO. 95-1437 JEFFREY BRANDT and BE'ITY JO BRANDT. Defendants : CIVIL TERM NOI'ICE TO PI RAn TO: JlUDes E. Beard and Scon Sterner You are hereby notified \0 me a written response \0 the enclosed Defendants' New Matter and Counterclaim within twenty (20) days from service hereof or a judgment may be entered against you. Dated: (lY IH #. 'It Marie Coyne. o I Market Street ClUDp Hill. PA 17011.4227 (717) 737-0464 Pa. S. Ct. No. 53788 Attorney For Defendants 1 JAMES E. BEARD and SCOTr STERNER. Plaintiffs : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA VS. . . : NO. 95.1437 JEFFREY BRANDT and BETIY JO BRAlIo'DT, Defendants . : CIVIL TERM ANSWER 1'0 nRST AMENDED COMPLAINT AND DEPENDANTS' NEW MA'ITER AND COUN'I'ERM AIM AND NOW COMES Defendants. Jeffrey Brandt and Beny Jo Brandt, by and through their attorney. Lisa Marie Coyne, Esquire. and avers the following: I. Admitted. 2. Admined. 3. Admitted. 4. Admitted. 5. Admitted in Dart: denied in Dart. Admitted that initially on August 27. 1991. the parties entered a twelve (12) month lease with monthly rent set at Five Hundred Seventy.five Dollars ($575.00). It is denied. however. that the Fifty Dollars ($50.00) discount applied only if rent was paid before the fust of each month. Moreover, Plaintiff Scon Sterner permanently modified the monthly rent to an amount of Five Hundred Twenty.five Dollars ($525.00). 6. Denied. The said lease is incomplete. Attached as Exhibit 1 is a true and correct copy of the lease agreement, executed August 27, 1991. 7. Admitted. 2 8. Admitted in Dart: denied in part. It is admined that the lease agreement (Defendanl8' Exhibitll provides for a One Dollar ($1.00) per day penalty clause. Denied that the clause is legally enforceable or in the a1temative that it was uniformly and consistently waived by the Plaintiffs. 9. Denied. Allegation is tremendously vague and after reasonable investigation, Defendanl8 are without knowledge or information sufficient to form a belief as to the truth of the avermenls of paragraph nine (9) of Plaintiffs' First Amended Complaint and the same are therefore denied. with strict proof being demanded, if relevant. at trial. 10. Admitted in Dart: denied in Dart. It is admitted that on two separate and isolated occasions during a period of forty.four (44) months that Defendants' monthly rent checks were returned for N.S.F. It is denied. however. that Defendanl8' rental paymenls have been repeatedly incomplete. It is also denied that Defendanls failed to pay in full the amount of the designated checks once the Defendanl8 were informed that the checks were posted as N.S.F. Additionally. to the extent that Plaintiffs contend that there were more than two occasions that non.sufficient funds were issued, Defendanls are without knowledge or information sufficient to form a belief as to the truth of the averments of paragraph ten (10) of Plaintiffs' First Amended Complaint and the same are therefore denied. with strict proof being demanded if relevant. at trial. 11. Admitted. By way of further answer. Plaintiffs regularly waived, amended and modified the written lease so that Defendants in good faith relied on the said waivers. amendmenl8 and modifications by Plaintiffs. 12. Admitted. 13. Admitted. By way of further comment regarding the responsibility for trash and sewer payments, although the Defendanls are responsible for the payments of those services. it is a condition precedent that the Plaintiffs forward those service invoices to the Defendants so that payment can be made. Further. Plaintiffs never provided notice of service invoices for sewer and trash directly to Defendanls as required by the said Lease. 14. Admitted in Dart: denied in part. It is admitted that upon finding of default by Defendants of their obligation under said lease sgreement, that Plaintiffs may annul the lease and enter into a repossession action. It is also admitted that Plaintiffs must comply with all provisions 3 oC the Landlord/l'enant Act in that regard as well as the Consumer Protection Act. It is denied that the DeCendants were in deCault oC any oC their obligations under the lease or in the alternative. if any deCault occurred. PlaintiCCs waived said deCault. 15. Denied. Allegation is tremendously vague and after reasonable investigation. DeCendants are without knowledge or inConnation sufficient to Conn a belieC as to the truth oC the averments oC paragraph 15 oC Plaintiffs' First Amended Complaint and the same are thereCore denied. with strict prooC being demanded iC relevant. 16. Denied. Allegstion is tremendously vague and after reasonable investigation, DeCendants are without knowledge or inConnation sufficient to Conn a belieC as to the truth oC the averments oC paragraph 16 of Plaintiffs' First Amended Complaint and the same are thereCore denied. with strict prooC being demanded iC relevant. 17. Denied. Allegation is tremendously vague and after reasonable investigation, Defendants are without knowledge or infonnation sufficient to Conn a belieC as to the truth of the averments of paragraph 17 oC Plaintiffs' First Amended Complaint and the same are therefore denied. with strict proof being demanded if relevant. 18. Denied. Allegation is tremendously vague and after reasonable investigation. Defendants are without knowledge or infonnation sufficient to Conn a belief as to the truth of the averments oC paragraph 18 of Plaintiffs' rlrBt Amended Complaint and the same are therefore denied, with strict proof being demanded. iC relevant. 19. Admitted. 20. Denied. DeCendants do not owe Plaintiffs a balance of Seven Thousand Five Hundred Forty-three and 90/100 Dollars ($7.543.90) for any unpaid rental or other charges. Further, Defendants are without knowledge or infonnation sufficient to Conn a belief as to the truth of the averments of paragraph 20 oC PlaintiCfs' First Amended Complaint and the same are therefore denied. with strict proof being demanded. if relevant. 21. Admitted in Dart: denied in part. It is admitted that DeCendants have lawfully refused to make payment to PlaintifCs regarding their demands. It is denied that the actions by DeCendants are inappropriate. improper. or unlawful under the circumstances. 4 22. Denied. Allegations contained in Exhibit "B" of the First Amended Complaint arc denied by Defendants. Further, Defendants are without knowledge or information sufficient to form a belief as to the truth of the averments of paragraph 22 of Plaintiffs' First Amended Complaint and the same are therefore denied, with strict proof being demanded if relevanL COUNT I = BREACH or CONTRAcr".F.A.~ ArnlRRURN'l' 23. The averments of paragraphs 1 through 22 are incorporated hereby as if set forth fully and at length. 24. Denied. See paragraph 6 above. 25. Denied. See paragraph 20 above. 26. Denied. See paragraph 21 above. WHEREFORE, DefP.lldants respectfully request this Honorable Court to dismiss this matter and fmd in favor of the Defendants. COUNT D - EJECIltIENT 27. The averments of paragraph 1 through 26 are incorporated hereby as if set forth fully and at length. 28. Denied. Plaintiffs failed to comply with the said lease agreement and Plaintiffs have failed to comply with the Pennsylvania LandJord{l'enant Act regarding ejectment actions. 29. Denied. Defendants are without knowledge or information sufficient to form a belief as to the truth of the averments of paragraph 29 of Plaintiffs' First Amended Complaint and the same are therefore denied. with strict proof being demanded. if relevant. 30. Denied. Chain of events which satisfy the right of ejectment have not occurred for this matter. By way of further comment and information. the said premises has been vacated by the Defendants with the knowledge and consent of the Plaintiffs on May 31, 1995. 5 ~ . " ! , I' i' I , I i I I I 37. Plaintiffs gave Defendants partial credit: however. a balance of $2.688.41 is due and owing the Defendants. WHEREFORE. Defendants respectfully request this Honorable Court to award judgment in their favor in the smount of $2.688.41. plus reasonable attorney fees. and interest. COUNT 0 38. Paragraphs 1 through 37 are incorporated herein as if set forth fully and at length. 39. On August 27. 1991. Defendants deposited with Plaintiffs a security deposit in the smount of $525.00. 40. Plaintiffs have had control and use of the said security deposit from August 27. 1991 to date. 41. Plaintiffs have failed to deposit said security in an interest bearing account as required by the Pennsylvania Landlordlfenant Act. 42. Plaintiffs. On May 31. 1995. Defendants vacated 308 College Hill Road at the request of 43. Upon departure. Defendants provided Plaintiffs a forwarding address to issue refund of security deposit plus interest. 44. To date. Plaintiffs have failed to provide to Defendants a written accounting of the said deposit and/or deductions as is mandated by the Pennsylvania Landlordlfenant Act. 7 ~ '-.':!.,::_i '_' I ~:..'.,~I,_' :.i.!..l.:}!J~ --. '!f,.. q TIIJ!i ACIlF.F.H&".t, ...ado this .J? dRY o( /1....,...+ 19-1., b ", 5- herelnnfter co.\led LESSOR, And etween D~.....-, ... ,..._".. :T''''''1 .. R.tty :r. 8_h.l7 hereinafter ealled LESSEE. LESSOR ogreGs to rent to the LESSEE, pro...ises known as :JDP C./I... ,I-(,}I RJ in tho r.ity DC c".I. Co..anvealth of Pannaylv'ania, c::onslsting of Ii_,. 8.J-~#._ u...,. upon the fo}lovina ter.. and c::onditionas Total rant for entira length of laa.e payable to Laalor . . . . t . . . . I I I I . . ~ . I . . . .$ (.'.1..'3.- Rant aha11 be raid'in Advanca on the ,1E day of aach 1I0nth bealnnlna on 54'-'" I ,., '.1' in the I..aunt of . . . . . . .~ . .. . . . . . .. . I . . . . $ S- ,~. 4SZ. RENT DISCOUNT' Rent ohall havo 0 dlocount 01 .$ SIJ, SUL per ...anth if received on or before the ,u=. of eAch lIonth, or poatmarked on or before tt;-~ of each lIonth. AdJ uatod oi r~at ..enthD(2nd month). .~ 'lIP. . ~-o pay.ent Secul'ity Depo.it I . . . . . . . .~ S-.:ts- '~ . . . Late Charge l( rant not pald vithin graca period 01 ~ ~. thre~ (3) dBYs, beainnina on fourth (4th) day . .!....-p~r day Lenlth of Lease C.. Y...- 8elinnlng date or le.sa ~ el t ...1._ .t... 19..!.!. .!.....- day EndlnR dot., or leaa. 31 t::. day 01 AM' ...1'- 19 ...!:i. . '0 DAYS WRITTEN NOTICE by olthe~ party 10 roqulrnd to nnd nny ~w.l of thls leal. at the ending dnte, or by the Lo'saor to chaRS. on7 of tile ter.a and condItions a( any ranowal at tile ending dat.. . Ren.wal length of loa.. \f not ended by either pnrty: lJ....# v._ Pre.laes v,111 be occupied only as n J..t......J I, ;::~:~II,? Largeat nUllber of OCCupAnts under thin lr!'ane: ~.... <I:. No additionnl occupnnts are permitted without written conRent of' Lesaor and an additional $20 per month per accupant will be chRrged. raymanta to ba and a promptly (wltllout beinn demanded) whcri due to: 8_./, 57,___ f. O. RS-o't 1...eM..,... ~ 171:.0" -,.ro,"( ~...1r ftP. DIS'Y' ) , lEd ,,,",,,,,, Ir lensed premisos, LESSOR _vntor call -heat =etectrlci.ty _Other will pay (or: Inv" cllre ::::"nov re"'oNnl neVer =trash r teaaed promises, l:.vl1ter ("" Rnlll ;-hent ~et.ct.riclty ~Othor LESSEE viii pny Inr, -2:.lnvn cnr. 13;'/-10 J.>>e --l!::.."now remova \ 6.' ~"evor 7 Tu /'rt., 'I. -.Ltrnoh UII. c.__.. PI.... StN-r ,01" JIj~U:. IS ".,:1 ... oS 1,,__. l"Ul,t.. ( ?trJ7') (d~/"~ ~,l (A) .EE AOIUI&3 TO DO IIO"E OF' TIUl FOLLO\'llllO YlITIIOUT COl13EIIT 111 I/RITlIIO OF TII& .33011 FII10T ODTAl"ED I AUDinn, mortl1ur,a or pladeD thlu lOUOD 01' undor..lo \, or Dub..lanao \hD t.larnload pl.tllll1aoa. or UI\Y part thal.oo!, or J'lornlit un,)' othor Ju,raon, firm or corJ,orutlon to 000uP1 tho domlaotl promllJuD or un)' part thoroor. IC.the L....u bOOOIllOD amburruDDod or inuolvont, ur nlukou nn uanteNna"t tor \1)0 banerit or oradltora, or it u potition 1n bunkru)lto)' 10 tlled by or Quulnnt. the LauDeD or u bill 1n o'tu1ty or othor proceoding Cor the appointment at u racblvor tor tho ),00000 10 tilod, or it pracoadlnu Cor r.orGonizution or Cor compooition .ith cra~itoro un~or ony Dtoto or Fadornl low bo Inatitutad by or u(;nlnat LauDco, 01' 1e tho ront or paraonul" prollort)' ot tho LanDoa ahull bo auld or lovlod upon by nny Dherltr, l.1uruhall or Conatuble, tho DUllla ahal1 bo u violation or thin covenant. ~D) Uu.ke Ilny ultarno.Uond, improVODlunto or udditionll to the deminod promioes. All alterations, Ilnprovelnant.s, udditlono or fixtures, whather Inatalled beforo or nltor the execution br thin 100.00, ahall romain upon the premisoD at tho expiration or ooai,or dotorminnt1on or this 11111110 and bocome tho property or LODsor, unloaD LODDor ohull, prior to tho da- tonnina.tion or thin laa.se, JUlYO r.ivon ,.,ritten noUco to LODooa to l'amOYe tho Oo.lno, 1n which avant LODODO ,,111 ronlOYO ouch a.ltorllt'iono, iOlprOyemon tEl and udd1 tlollo a.nd rea taro tho promiDoo to tho numa good ordar and condition io which thoy now ora. 3hould LosaDa fail 00 to do, LODoor may do DO, collectinn Qt LaoDor'o option, tho cost and oxponoo thoro! tram Laaoao no additionnl rant. ~C) Ramove, or a.ttompt to removo or mnniteot an intontion to removo Leooaa'a eoocis ol~ property tram or out or thft domisad. prer.tiDoa othorwioo thon in. tho ordinnr,y und uauol couroo or buoinooo, Y/ithout huvina rirot paid nnd sutioried Loaaor lor nll ront ",hich lI\Oy bocumo duo durinn tho antiro . torm or th1a loaso. Any cooda or property 00 romovad shnll. romoin liable to distrooo lor n pariod oC thirty dnya aCtor ouch romoYAl "herevar thoy bluy be round. (D) Vacate or deoort olltd premloou durinc tho tornl or thlo louoe, or pormit tho Domo to bo ampty and unoccupiod. Mainta.in nny unimata or pota on tho lonsod promiooD. . JAnko. or parmit un,y dlDturbinn noinoD by tho Looouo or mombora of tho family or vinitors or da or pormit any thine t.o bo dona tha:t would di.turb or inhrC.r. with ~ho riGht. un~ convaniooco oC othar tenonts. or nolghbora to tha loasod.. prolniaeo. \1111 not C1COUPY tho loaDed promlaoo in any othor numD or Cor any ot.har purpoae thon 10 callod tor in tho lanDo und in adJItion BeraGa thot the premiaoD IIh0.11 no t bo occupiod by mora than ana family. Do or oucror to ba dona, uny uat, Clnttor or thln!~ obJaotiona.blo to tho tire inouronco OOllpUn,y whorab,y tho firo inouranca or any othor inouranoo ahnll beco~D void or Duapondod, or tho ro to Incroaood. 110llT3 AIID IlEMED183 or LE3S0n I :8) :p) :0) :11) A) To diopluy a. "lor nant" Dinn, or both "For nant" und "For 9illo" oiena o tony tima I und 011 oC .oid .iena .hnll bo pluco~ upon .uch port or tho premiaod DO LODDor rany oloct and muy contain ouch muttor 00 LooDor ahBll rer,ulre. poraona authorIzed by Leuaor mny inDplJo.t the premiaaD at roaDonablo houra durinn tho uaid par1od~. 0) Tho Lo..or hUB lot. the ~..,1oo~ pro.,i... in, tha1r praoont c.n~ition on~ wI thout any rapreDentntIons on tho pnrt or tho LooDor, ita orC1cara . employees, aarvnnta nnd/or aGonta. It 10 undorutood nnd aBroad that Loosor 10 undar no dutl to mnka improyomonto or altora.tiono at tho tima of 10ttinl1 or un,y tima thornrtor. . It. '. '. -J- /: .' .a1lT3 AND IICUEDIC3 01' 1Jl3301l-COIIT. I (e) It dofnult ahul! bo muuo 1n tho 11U,)'lnollt ot uny IIDrt. or tho uuhl ront atter tho IUUIIO boooltOo dua or in OQua or u bronch or ovualon at uny AttOlllpt; to broak or ovud. ~l\Y ot tho ooyonunta or aondlUona or th10 Qcroamont, tho ontlre ront l'onorvad tor tho full tOl'n! ot thio louo& romu.lnlnB U1111G!d ohBll bacomo duo nlld pnynbIa ut 0"00 and muy forth- with be oollaohd by dlotrollD or otllo1'w100, and at tho aama limo tho LODDor INl1 toreolt und Dnl1ul tho unoJtlllrod ,.orUon or this lnnao un'" ontoI' upon ond ropoGo.uu tho uuld pI'olnloOD with or ,,1tl1out procoDD or low, amI. wlthout c1vlnn LUl.)' noUaD nhntuoQyor. 'AoOIJI,t;ulloO hy LuoDor, at un1 of tha unill rent at -n1l1 timo uCtor tho Duma uhall booomo dUO, altol' datu"lt hna boon modo in tho po)'munt theroot, or unl ful1uro to antorco uny or tho r1chto horoin rouorvod to tho Laouor, or any ot tho ponulUou, tOl'toltur08 or uoml1tlonu horoin oontainod, 'bhDll not 1n tiny WilY bo cOI1Dldorad u n4ivol' 01" tho rlr,ht to antoroD .tho Duma ul nny tinlO without ul1Y notloa trha.tuoavor, a.nd nny uttompt to oolloct tho rant lI,y ono procoodi",,~ oha11 not bo oonaldorad 08 a '",lvor at tho rir,llt to co1100t tho unmo by uny othor prooeadlnlI, but allot tho rlr,hta ot tho LOD001' and nIl fortoiturolJ, ,'anaI tieD and Qondlt1ona may bo entorced toeothblr" 01' oucooo01vol1 at tho 0llt10n ot tho LaDDor. . It 10 further OCl'ood that it tho LuuuDa ahull bocomo 111001vol1t, mul:a an BDu1cnmont tor' tho bonotlt at crotl1to1"o, oOlNnit l1I1Y l10t or bunl;.. ruptoy, lila u voluntur,y 'JotlUon 1n hunkru,.toy, or it uny Jud~mal1t uhull bo ontorad or nn involwltol'Y "otition In bonkrulltc,y fl10d ur-ninDt tho Looooo, all tho ron t l'oDorvod for tho tull torm ot thiu louoo ahnll bocoma duo o.nd oollootlblo immodinto1,y by diotroua or othor"ioo. TJia l'l'othonotary or Gny uHornay oC nl'.Y Court oX Raeord oC ronnaylvwtiu ia horob1 authorizod tu up,lanr tor und to ountnoD u Judr,mollt ul:ulnat tho LUDDoa and in favor ot tho Laauor. tor tho "halo nmount ot auid rant no horeinbatoro oat 1"orth. (D) (e) (P) (0) Upon 0111 prooaodil1LC Inot1tutod tor tho rocovory ur tho Dnid rant, oltllnr by diatroao or Othorwloft. t.hu Quid Looooo "a1voo tho bonoC1t or 0.11 oppra10mlnt, attq and oJComption Inwo, the rirJlt ot In'lulo1Uon on 1'001 oatatl, and ull bankruptcy or inoolvaney lo.wu now 1n toreo or horouetol' pauDod. Up'on tho broach or a.n.Y at tho Oovonan ta or n"roomen t oe thia 10uoo or Upon ita tormination by .cor.cOltul'O. dotnult or ,u.xpirntion, tho l'rothonotlLt'7 or ul\Y a.\;tq}ono'y no ntoroD.f\id io horah1 uuthorlzod to nproor tor and to contoab judamont in nn amioablo l1otlon or oJootmont a6u1not...tho Loaooo and in tuvor o.c tho Loooor .cor tho promlooo horoin dODcribad and to d1root tho inttllodinto 10DUin'j or U "rlt o.c hnlloro .cQo1D.o ,'ooooou10nom w1th olauoo or tiori lucino tor coo to. "llivinr. ull lrroCulor1tioo, without notico ond without uokina lo"vo of cou,.t. (II) (I) In tho avant thio lonDo 10 oianotl by n[tont tor tho ownor ot tho 10aDod promiooo. it "ill not ba otractivo untl1 a"Jlrovod by o,:onta. prinoipnl 1n dotault: of whioh 011 monoyo 'laid on acoount ohnll bo rotundud, loaD tho Dum o.c $ JJ J A for crodit l'o,lort ond procoDuillC charCo. (J) All ri6hto and lio.bl1itloo horoill ,:lvolI to, or ImJloaod u'Jon, or "o.lvora of tho raapoctlvo Pt1l't:iOD horoto ahnll oxtond to und binll tho oavarnl and roopocUvo h011'8. o.xocutoro, atlm1niotrutoro, DU0000001'Q and aon1eno ot Duid purtioa I Qnd it thoro altnll ho mora than 0110 Loauao, tho'y ahall bo bound jointly mid aovornll,y by tho torm!:!. COVOIIBnto Bnd u<<roomonto horoln nnd tho "ord "Loauoo" ohnll bo doomod and tn':an to mOBn onah und ovary "oraon or part ,n1cIlUon'od DO LODnDO horo!n, be tho Dmno ana or mora I onl' it tllaro ohull bo mora than ouo Loaooo, al\y no tieD rOf1uirod or Jlorml t tad II" tho tama or thia looaa may bo Clvon by or to an,y ono thorl1ot, nnd uhal1 hova tho Domo 1"01'00 ani. o1"1"oct Do It Clvon by or to 0.11 th01'00t. 110 rlr,htn, h0170VOl', al1ull inuro to ' tho bonoUt of "",y ooail\noo of Looooo ulllooo tho nouillnlllont of ouch 4001cnoo hno boon o.",'rovod hy Launol' In \'Iritll11: UD uturouuld. -~- ,1;1I1;IJll;!j 01' 1.1:~jljtlll ~ t:UIlTl11UI:lll The Lnsaee 1'8. thls day depoalted wlth tho Leaaor .. .ecurlty for the performance of all terms. convenantB and conditione of thls laa.., tha .um of $ t~s,.o: whlch ahaJ.l be ,retained by tho Le..Of until tho termination of tllo Le.ae.'s tenancy. at whlch tim. the depoait ahall b. return.d to the L......' If howev.r. L..... d...rt. .ald pr.ml.... committ. act. of w..te or damaq. to the pr.mia.. ov.r and above fnlr we.r and t.ar, tho Le..or ahall rebaln all monlea depo.lted a. socurLty And the Laa.ee ahal1 be 11abl. for any axe... ovor and abov. that amount which i. n.c....ry for the r..toratLon of .ald proml.oe mado nacaes.ry by the .aid mentloned waste and damaqe. Should any lata charqee, utillty bill. or rent be outstandin9 at time of terminatlon of l.a..f th... charge. wiil bo withhold from the security d.posit. The pr.mi... .hould not r.quire pnlntlnq mar. of tan than onca .vei~ forty-.ight I~O) months. If tho premi.e. naed. to he r~pa1ntedr in L..~or'. discret1on. when La.... vacates promlaes and lee. than forty-eight (~Ol ~onth. havs elapsed since the laet r.paint1nq, .L..... .hall bo liable'to L..sor for a proratad portion of the coat of repainting the premise. and Lesaor may r.tain all or such portion of Lesooa's aocur1ty dopoeit a. is necessary under the c1rcumstanceD. '.' ILl CLE^NIHG FREI Prior to occupancy a [00 of $125 (cleaning fea 1. part of secur1ty depoait) is to be pal.d by the Lesaoe. This fe. i. NONREFUNDABLE at the discret10n of the LaaBor and repre- .ent. tho usual coat of prepar1ng thla roaldenco for reoccupancy.. (HI LESSEE shall be ro,pona1blo for any ropalr to applianceo in the ~pr,~i8e., beginning 1S day. aftor occupancy. tHI LESSEE shall be raeponlible for first $15.00 of oach plumb1ng repalr. . ExclUding leaking pipea unleaa duo to tonant's nogligenco. (01 LESSEE shall bear cost of keeping Wftoto c~ear from dra1n pipes and keeping all drain piPOB open. (PI LESSER .hall keep lawn mowed. wnnd flowor bode. maintain flnwor- bod. and trim ellubbery. tQJ LESSEE shall not .et or turn "contra 1 IIeating oystem" bolow 60 degr.e. between December 1 .nd March JO. Also tenants .hall not ~ Eurn off .central'heating sy.tem" and attempt to heat proporty with epace heaters or kerosena honters. tnl, LESSEE ahall be responsible for cloll\.l1ing furnace and chimney on an annual baeis. Le..or shall be lurnished with a paid receipt. tSI LESSEE must have all carpeta profo.alonally steam cleanod upon leaving premisee and furn1sh LoaDor wlth . paid recoipt. ITI IT IS agre.d and undorstood that LeSBee haa viewed the promi.oa and that said premiees 1. b~lng rented as ia.' IUI "^TERbEDSI the expo.e inauranc.. No vaterbeda ahall b. a110w.d on the promisoD wlthout writt.n conaent of tho La.Bor and proof of tanant's :VJ LESSEE ia advl..d that LESSOn'. homoownor'o inauranco covero tho etructure and appl1cancea that are furniahed vith the promises. Ito:weverr. Les.or's Inaurance will not cOVer Lesaae's belongings if there were a firer water damage. ntc. Therofore, lt 10 eU9qe.~ed that LessGo obtain tenant's insuranco. :WJ' DISHONORED CIIECKI ^e a convenionco to the Lessoe; .tho Lea Bar i. w1l11n9 to accept perRonal chocks 1n payment of any obligation. Hovever. in the event any check tendered to .the Lonsor Ln returned by the bank, the check muat be mndo good forty-eight I~OJ Itours aftar Leaaee La notlfied and Q aarvlca fae of $20.00 per chuck wlLl b. charqed. tn the event, a Docond check iq returned for -non-sufficient funds., your parso~al check wlll no longar be accepted for rent and all future rant muot be paid by certified or ca.h1er's ch.ck or money ardor. nant dincount ia alao forfl~ted wh"n a ~1'ack 1n rnturn"d by tl'" 'lank. ' f . If t , -5- i J'. ., , -"...._- ,U U'TN~SS WII~REOP. tile pnrtLnn I.oreto lldvQ executod tllenc cenents tl,e dny and year flr.\ above wrltten. and lntod to b. 10&nl1y bound lte~eby. .-ifI~ ~~~~ LKS 0_- ~ant for .~ Les.or {( Thls laaRe l. approved vLtl1 nil the eonvanants contaLnod hereln. u!2.-; ~~ ;..' " ~ '. -,,- , ii: - '- .' .- U? 1_:-:: j.::: M ~C' ' ,- -/ ~:j9 g:C; ~;: ~C :':f7 ..... .j:::j 0(' ,- @' "., wL. I ..J :?~ -', u:; .' t."~: ;-'[0 r.. M': .':~o.. ~ l'-. LO "5 L: ('..j-', ~ JAMES E. BEARD and SCOTT STERNER, : IN THE COURT OF COMMON PLEAS . CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs v. NO. 95 - 1437 JEFFREY BRANDT and BETTY JO BRANDT, Defendants CIVIL TERM NOTrCB You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND WHERE YOU CAN GET LEGAL HELP. Court Administrator 4th Floor, Cumberland County Courthouse 1 Courthouse Square Carlisle, Pennsylvania 17013 (717) 240-6200 JAMES E. BEARD and . . SCOTT STERNER, . . plaintiffs . . . . v. . . . . JEFFREY BRANDT and . . BETTY JO BRANDT, . . Defendants . . IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 95 - 1437 CIVIL TERM COMPUZHT aND NOW, comes plaintiffs by and through their attorneys, Killian & Gephart, and aver the following: 1. plaintiff, James E. Beard, is an adult individual with an address of Box 424, Lewisberry, pennsylvania 17339. 2. plaintiff, Scott Sterner, is an adult individual with an address of 110 Winding Hill Road, Lancaster, pennsylvania 17604. 3. Defendants are Jeffrey Brandt and Betty Jo Brandt, adult individuals, husband and wife, who reside at 308 College Hill Road, Enola, Cumberland County, pennsylvania. 4. By Lease Agreement dated August 27, 1991, plaintiffs leased their premises at 308 College Hill Road, Enola, Pennsylvania, to Defendants, Jeffrey Brandt and Betty Jo Brandt. 5. The terms of the Lease Agreement were Five Hundred seventy-Five ($575.00) Dollars per month, with a rental discount of Fifty ($50.00) Dollars per month, if the rent was received on or before the first day of each month. 6. A true and correct copy of the Lease Agreement is incorporated hereby and attached hereto as Exhibit "A". 7. The Lease Agreement provided for a one (1) year term with automatic renewal for one (1) year terms. 8. The Lease Agreement provided for late charges of One ($1.00) Dollar per day if the rent is not paid within the grace period of three (3) days. 9. During the course of the Lease Agreement, Defendants have repeatedly been delinquent in their payments. 10. Defendants have repeatedly make incomplete payments and have made some payments with checks that were returned N.S.F. 11. The Lease Agreement provides that in the event of a breach, the rent due for the entire rental period will become due and owing. 12. The Lease Agreement provides that there will be a service fee for all dishonored checks of Twenty ($20.00) Dollars per check. 13. The Lease Agreement provides that tenant has the responsibility to pay for water, gas, heat, electricity, lawn care, snow removal, sewer and trash. 14. In the event of default by tenants in their obligations under the Lease Agreement, plaintiffs have the right to annul the unexpired portion of the Lease Agreement, and enter on and repossess the premises. 15. Between September of 1991 and August of 1992, Defendants were delinquent in their payments to Plaintiffs in the amount of Thirty Seven Hundred Thirty Dollars and Ninety-Four Cents ($3,730.94). 16. Between September of 1992 and August of 1993, Defendants were delinquent in their payments to Plaintiffs in the amount of Fourteen Hundred Seventy Four Dollars and Forty-six Cents (1,474.46). 17. Between September of 1993 and August of 1994, Defendants were delinquent in their payments to plaintiffs in the amount of Twelve Hundred Ninety Six ($1,296.00) Dollars. 18. Between september of 1994 and February of 1995, Defendants were delinquent in their payments to plaintiffs in an amount of Two Thousand Seventy Seven Dollars and Fifty Cents ($2,077.50). 19. Defendants have subsequently made payments in the amounts of Five Hundred Twenty Five ($525.00) Dollars and Eleven Hundred Twenty Five ($1,125.00) Dollars. 20. At the present time Defendants owe plaintiffs a balance of Seven Thousand Five Hundred Forty Three Dollars and Ninety Cents ($7,543.90) for unpaid rentals and other charges. 21. Defendants have repeatedly refused to pay this amount or any part thereof. coUNT J: - BRBACH OJ' CONTRACT/LBASB AGRBEMENT 22. The averments of paragraphs 1 through 21 are incorporated hereby as if set forth fully and at length. 23. plaintiffs have a Lease Agreement as attached to this Complaint at Exhibit "A". 24. Defendants are in breach of this Lease Agreement in an amount of Seven Thousand Five Hundred Forty Three Dollars and Ninety Cents ($7,543.90). 25. Defendants have refused to pay all or any part of this indebtedness. WBBRBI'ORB, plaintiffs respectfully request this Honorable Court to award judgment in their favor in the amount of Seven Thousand Five Hundred Forty Three Dollars and Ninety Cents ($7,543.90), plus reasonable attorneys' fees and costs of this action. COUNT :n - BJZCTMBIIT 26. The averments of paragraphs 1 through 25 are incorporated hereby as if set forth fully and at length. 27. Plaintiffs are entitled to immediate possession of the premises since Defendants have breached the Lease Agreement. 28. Plaintiffs are the legal title holders of the premises. 29. The Lease Agreement expressly provides Plaintiffs with the right to ejectment in the event of default by tenants. 30. Defendants are currently and have been repeatedly in default of the terms of the Lease Agreement. WHEREFORE, plaintiffs respectfully request this Honorable Court to grant them possession of the subject premises, and award reasonable attorneys' fees and costs of this action. Respectfully submitted, KILLIAN & GEPHART Dated: April 10, 1995 J.....,.Q...(l.. ~~n,,~-- Paula J.VHcDermott, Eequire Attorney I.D. #46664 218 Pine street P. O. Box 886 Harrisburg, PA 17108-0886 (717) 232-1851 VBRII'ICA'l'IOIf I hereDY verify that the statements of fact made in the foregoing document are true and correct to the Dest of my knowledge, information and Delief. I understand that any false statements therein are sUbject to the criminal penalties contained in 18 Pa. C.S. section 4904, relating to unsworn falsification to authorities. ~ C7~ J. S E. BEARD _/ Dated: '.- Ln r< Q " ." 1--" ., , We .~""' 1 ( ) ~ '. :~'.~ _;_1, L.. . ", ~. '. ;,:.i c, ..' ,. . "... ~? r.;; '" ,. ~ __I, e:__ .- n, u.: . l'::'_ .. i 1.4-.: t', ,__.n ::-) (.; L . U " JAMES E. BEARD and SCOTT STERNER, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA plaintiffs v. NO. 95 - 1437 JEFFREY BRANDT and BETTY JO BRANDT, Defendants CIVIL TERM NOTICB You have been sued in court. If you wish to defend against the claims set forth in the fOllowing pages, you must take action within twenty (20) days after this Amended Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND WHERE YOU CAN GET LEGAL HELP. Court Administrator 4th Floor, Cumberland county Courthouse 1 Courthouse Square Carlisle, Pennsylvania 17013 (717) 240-6200 JAMES E. BEARD and . . SCOTT STERNER, . . Plaintiffs . . . . v. . . . . JEFFREY BRANDT and . . BETTY JO BRANDT, : Defendants . . IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 95 - 1437 CIVIL TERM PIRST ~ENDED COMPLAINT AND NOW, comes plaintiffs by and through their attorneys, Killian & Gephart, and aver the following: 1. plaintiff, James E. Beard, is an adult individual with an address of Box 424, Lewisberry, pennsylvania 17339. 2. plaintiff, Scott sterner, is an adult individual with an address of 110 Winding Hill Road, Lancaster, Pennsylvania 17604. 3. Defendants are Jeffrey Brandt and Betty Jo Brandt, adult individuals, husband and wife, who reside at 30B college Hill Road, Enola, Cumberland county, Pennsylvania. 4. By Lease Agreement dated August 27, 1991, plaintiffs leased their premises at 30B College Hill Road, Enola, Pennsylvania, to Defendants, Jeffrey Brandt and Betty Jo Brandt. 5. The terms of the Lease Agreement were Five Hundred seventy-Five ($575.00) Dollars per month, with a rental discount of Fifty ($50.00) Dollars per month, if the rent was received on or before the first day of each month. 6. A true and correct copy of the Lease Agreement is incorporated hereby and attached hereto as Exhibit "A". 7. The Lease Agreement provided for a one (1) year term with automatic renewal for one (1) year terms. B. The Lease Agreement provided for late charges of One ($1.00) Dollar per day if the rent is not paid within the grace period of three (3) days. 9. During the course of the Lease Agreement, Defendants have repeatedly been delinquent in their payments. 10. Defendants have repeatedly make incomplete payments and have made some payments with checks that were returned N.S.F. 11. The Lease Agreement provides that in the event of a breach, the rent due for the entire rental period will become due and owing. 12. The Lease Agreement provides that there will be a service fee for all dishonored checks of Twenty ($20.00) Dollars per check. 13. The Lease Agreement provides that tenant has the responsibility to pay for water, gas, heat, electricity, lawn care, snow removal, sewer and trash. 14. In the event of default by tenants in their obligations under the Lease Agreement, Plaintiffs have the right to annul the unexpired portion of the Lease Agr~ement, and enter on and repossess the premises. 15. Between September of 1991 and August of 1992, Defendants were delinquent in their payments to Plaintiffs in the amount of Thirty Seven Hundred Thirty Dollars and Ninety-Four Cents ($3,730.94). 16. Between September of 1992 and August of 1993, Defendants were delinquent in their payments to Plaintiffs in the amount of Fourteen Hundred Seventy Four Dollars and Forty-Six Cents (1,474.46) . 17. Between September of 1993 and August of 1994, Defendants were delinquent in their payments to Plaintiffs in the amount of Twelve Hundred Ninety six ($1,296.00) Dollars. lB. Between September of 1994 and February of 1995, Defendants were delinquent in their payments to Plaintiffs in an amount of Two Thousand Seventy Seven Dollars and Fifty Cents ($2,077.50) . 19. Defendants have subsequently made payments in the amounts of Five Hundred Twenty Five ($525.00) Dollars and Eleven Hundred Twenty Five ($1,125.00) Dollars. 20. At the present time Defendants owe Plaintiffs a balance of Seven Thousand Five Hundred Forty Three Dollars and Ninety Cents ($7,543.90) for unpaid rentals and other charges. 21. Defendants have repeatedly refused to pay this amount or any part thereof. 22. Records of the delinquencies perpetrated by Defendants during the Complaint are incorporated hereby and attached hereto as Exhibit liB". COUNT I - BREACH OP CONTRACT/LEASE AGREEMENT 23. The averments of paragraphs 1 through 22 are incorporated hereby as if set forth fully and at length. 24. Plaintiffs have a Lease Agreement as attached to this Complaint at Exhibit "A". 25. Defendants are in breach of this Lease Agreement in an amount of Seven Thousand Five Hundred Forty Three Dollars and Ninety Cents ($7,543.90). 26. Defendants have refused to pay all or any part of this indebtedness. WHBREPORE, plaintiffs respectfully request this Honorable Court to award judgment in their favor in the amount of Seven Thousand Five Hundred Forty Three Dollars and Ninety Cents ($7,543.90), plus reasonable attorneys' fees and costs of this action. COUNT II - EJBCTMENT 27. The averments of paragraphs 1 through 26 are incorporated hereby as if set forth fully and at length. 28. plaintiffs are entitled to immediate possession of the premioes since Defendants have breached the Lease Agreement. 29. plaintiffs are the legal title holders of the premises. 30. The Lease Agreement expressly provides Plaintiffs with the right to ejectment in the event of default by tenants. 31. Defendants are currently and have been repeatedly in default of the terms of the Lease Agreement. WHBRBI'ORB, Plaintiffs respectfully request this Honorable Court to grant them possession of the subject premises, and award reasonable attorneys' fees and costs of this action. Respectfully submitted, KILLIAN & GEPHART Dated: May 30, 1995 pauf;;~ ~~~~~:%quire Attorney I.D. '46664 21B Pine street P. O. Box B86 Harrisburg, PA 17108-0886 (717) 232-1B51 I I I, I I I, I, I' ~ oa/2~/85 1~:a2 tt717 840 1888 ACE DISTRIBUTING HISTORY OF ACTIVITY " , .. .' _", l< ,.... . t 308: COLLE~E HILL ROAD , ~. JEFFREY":AND"BETIY':'JO"BRANDT"'" ,- .1.."i....' r'" . , ~ .. . 1?9~ R~Nl\ _ .": .;. ".. '. ,;. i , :,:.il , ",.' ~p, .,r. ~."'jc. . . ~ RENT DUE CASH PAID RECEIPTS. TOTAL PAID Sap 199:1- $ 43B.SO $ 438.5dD $ 438.50 Oct 1991 .?25.00 409.B~ 115.18 525.00 Nov 1991 575.00 416.14@ 1.86 NSF-416.14 I ";:!- I Dec 1991 575.00 400.00 ~"1"O l....M ~., e..{ TOT 1991 S 2 .113 .50 ~ 1.248.32 \.;Ji f:,,. r.Fr ....,. ( w" ,1, . ~ ril_J1L- .1'1 ," IF.' f','l' 3""~'.. '. I~ 'I.... J ."e I'" . . ~ N5F .; ." '1 0 , .d.."."i-r 1......_ ) .., t1 1 1...1. c/.,,~) ..... J: T,../ulr (}) Q) Discounted for short month \ Note' that cash paid Brandt's assertion 0 with this fact. plus receipts equals $525; 00. The ceipts .is n~~:consistent I PLAINTIFF'S EXHIBIT 8 --:.:.-- .....- 05/24185 14:52 tt717 840 1888 ACE DISTRIBUTING HISTORY OF ACTIVITY 308 COLLEGE HILL ROAD JEFFREY AND BETTY JO BRANDT 1991 RENT Ia1 003/008 J2An( RENT DUE CASH PAID RECEIPTS TOTAL PAID Sep 199:!, $ 4311.50 $ 438.5dD $ 438.50 oct 1991 525.00 409.8~ 115.18 525.00 Nov 1991 575.00 416.1~ 108.86 108.86 NSF-416.14 Dee 1991 575.00 400.00 400.00 TOT 1991 S 2 . 113 . !$.Q ~ 1. 248. 3:l S 224.04 $ 1.472.36 GD Discounted for short month (J) Note' that cash paid plUS receipts equals $525.00. '!'he Brandt's assertion of additional receipts is not consistent with this fact. OS/24/85 14:52 tt717 840 1888 ACE DISTRIBUTING HISTORY OF ACTIVITY 308 COLLEGE HILL ROAD JEFFREY AND BETTY JO BRANDT 1992 RENT DAn RENT DUE CASH PAID RECEIPTS. TOTAL PAID Jan 1992 $ 575.00 $ 80.00 $ 155.00 75.00 Feb 1992 ,575.00 40.00 40.00 Kar 1992 575.00 200.00 200.00 Apr 1992 575.00 00.00 Kay 1992 575.00 100.00 250.00 150.00 Jun 1992 525.00 150.00 650.00 100.00 100.00 300.00 Jul 1992 575.00 400.00 400.00 Aug 1992 575.00 200.00 200.00 Sep 1992 525.00 300.00 550.00 100.00 150.00 Oct 1992 525.00 100.00 600.00 200.00 150.00 150.00 Nov 1992 575.00 1BO.00 430.00 250.00 Dec.1992 525.00 330.00 165.00 165.00 660.00 TOT 1992 i 6.700.0Q. S 4.095.00 ~ S 4..135..00 TOT 1993 S 6.650.00 S 5.715.00 S 286.54 S 6.001.54 14:53 tt717 140 1881 ACE DISTRIBUTING HISTORY, OF ACTIVITY 308 COLLEGE HILL ROAD JEFFREY AND BETTY JO BRANDT 1994 RENT ijJ 008/001 DATE RENT DUE CASH PAID RECErPTS TOTAL PArD Jan 1994 $ 575.00 $ 150.00 $ 150.00 Peb 1994 525.00 375.00 970.00 345.00 250.00 Mar 1994 525.00 215.00 525.00 250.00 Apr 1994 575.00 200.00 200.00 May 1994 575.00 325.00 325.00 Jun .1994 525.00 250.00 600.00 350.00 Jul 1994 525,'00 500.00 900.00 400.00 Aug 1994 525.00 325.00 550.00 225.00 Sep 1994 575.00 300.00 300.00 Oot 1994 525.00 300.00 550.00 250.00 Mov 1994 575.00 400.00 400.00 Deo 1994 575.00 300.00 300.00 TOT 1994 S 6.600.00 $ 5.770.00 S ooq.oo ~ 5.770.00 05/U/U 14: 53 tt717 840 1888 ACE DISTRIBUTING "l~IU~1 vr n~l~'." 308 COLLEGE HILL ROAD JEFFREY AND BETTY JO BRANDT TOTALS an RENTDtJE ~SH PAID JtECEIPTS TOTAL PAID 1991 $ 2,113.50 $ 1,248.32 $ 224.04 $ 1,472.36 1992 6,700.00 4,095.00 40.00 4,135.00 1993 6,650.00 5,715.00 286.54 6,001.54 1994 6.600.00 5.770.00 000.00 5.770.00 TOTAL j22.063.!SO j16.82S.32 S 550.5!i >>7,,378.90 RENT OWED THROUGH 12/31/94 EQUALS $ sEWER AND TRASH OWED TJ!ROUGH 1/95 EQUALS 4,684.60 1,053.00 .--;- ":" _. .~ T ;.; ...~..;~:=:.'-' .. CBRTIPICATB O. SBRVICB On this 30th day of May, 1995, I hereby certify that I served the foregoing document on the following by depositing a true and correct copy in the United states Mail, postage prepaid, addressed to: Lisa Marie coyne, Esquire 3901 Market street Camp Hill, PA 17011-4227 KILLIAN & GEPHART paul!~ ~D:-m:~ire Attorney I.D. '46664 218 pine street P. O. Box 886 Harrisburg, PA 17108-0886 (717) 232-1851 ., ,..~ " I \~i JAMES E. BEARD and SCOTT STERNER, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 95 - 1437 JEFFREY BRANDT and BETTY JO BRANDT, Defendants CIVIL TERM ANSWER TO THB NEW MATTER AND COUNTER-CLAIM OP DB PENDANTS The averments of the Complaint are incorporated hereby as if set forth fully and at length. The numbering of the new matter and counter-claim are hereby adopted. 31. No responsive pleading is required to this averment. 32. Denied. It is specifically denied that Plaintiffs ever modified the rent, that Defendants made "vast improvements to the property", and that late charges would be waived. 33. Denied. It is specifically denied that any waiver or modification of the lease ever occurred. To the contrary, Plaintiffs repeatedly requested that Defendants make their payments in accordance with the lease. WHERBPORB, Plaintiffs respectfully request this Honorable Court to grant judgment in their favor against Defendants with interest thereon, reasonable attorneys' fees and costs of this action. 34. The averments and the answers to the new matter herein as well as the averments of the complaint are incorporated hereby as if set forth fully and at length. 35. Admitted in part, denied in part. It is admitted that at times Defendants offered to make repairs in return for rent consideration. Any implication that these repairs relieved Defendants from the obligation to pay their rent and other damages claimed in the complaint is specifically denied. 36. Admitted in part, denied in part. It is admitted that some repairs and improvements to the premises were performed by Defendants. It is specifically denied that those have not been accounted for as agreed, and that that relieves Defendants of their obligation to pay the sums of money listed in the complaint. 37: Denied. The answers to the averments of paragraphs 35 and 36 are incorporated hereby as if set forth fully and at length. WHBRBPORB, Plaintiffs respectfully request this Honorable Court to award judgment in their favor and against Defendants in the amount of $7,543.90, plus reasonable attorneys' fees and interests. COUNT II 3B. The answers to the averments of the complaint and the answers to paragraphs 31 to 34 are incorporated hereby as if set forth fully and at length. 39. Admitted. 40. Admitted. 41. Denied as a conclusion of law to which no responsive pleading is required. If a responsive pleading is deemed required, it is specifically denied that the monies have not been maintained as required by the Pennsylvania Landlord Tenant Act. 42. Admitted upon information and belief. CBRTIPICATB OP SBRVICB On this 3rd day of April, 1996, I hereby certify that I served the foregoing document on the following by depositing a true and correct copy in the United States Mail, postage prepaid, addressed to: Lisa Marie Coyne, Esquire 3901 Market Street Camp Hill, PA 17011-4227 KILLIAN & GEPHART pa~;~~'.r' ~;~rm~, Esquire Attorney I.D. #46664 21B Pine Street P. O. Box BB6 Harrisburg, PA 1710B-0886 (717) 232-1851 >- "" " (~ N I.'. ~ i::.: .. ',;...: llJ~ ..;r OJ :..~: ()-, ~j .-:;.. f-' -.",~i '.. ;:.. l.r ..~ () . I~"'I ' ' ~~, :~-:: Ei:: I -./:: r:: -ttn lL ,:.. :..:.1':"" ~, l (.'~J .:l L. (:..', U JAMES E. BEARD and SCOTT 8TERNER, Plaintifts IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA vs. NO. 95-1437 JEFFREY BRANDT and BETTY JO BRANDT, Defendants CIVIL TERM DEFBNDANT'S PRELIMINARY OBJECTIONS TO COMPLAINT TO THE HONORABLE, THE JUDGES OF SAID COURT: AND NOW, Defendants Jeffrey Brandt and Betty Jo Brandt, by and through their counsel, Lisa Marie Coyne, Esquire, preliminarily object to Plaintiffs' Complaint as follows: INSUFFICIBNT SPBCIFICITY OF A PLBADING UNDER PA. R.C.P. 1028(4)(3) 1. On April 10, 1995 Plaintiffs filed a Complaint against the Defendants as a result of an Appeal from a District Justice award, (Complaint attached as Exhibit "A") 2. In Paragraph 8, Plaintiffs allege that late charges are generated if Defendants did not pay their rent within a three-day grace period. Further, in Paragraph 9 of JEFFREY BRANDT and BETTY JO BRANDT, Defendants CIVIL TERM '.1 'I , 0, :' ,. . -.. :"11 JAMES E. BEARD SCOTT STERNER, : IN THE COURT OF COMMON PLEAS CUMBERLAlJD COUNTY, PENNSYLVANIA Plaintiffs v. NO. 95 - 1437 , ' . j ,I " c:::l . ~'. . ~..~::~_,"I ~ If you wish to def~nd agilnst .-: c..c ..." claims set forth in the following pages, you must take action NOT:rCB .., . . '0' ".' " .; ".: -, (.'J ".. .... You have been sued in court. the within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND WHERE YOU CAN GET LEGAL HELP. Court Administrator 4th Floor, CUmberland county Courthouse 1 Courthouse Square Carlisle, Pennsylvania 17013 (717) 240-6200 \\b\l::.(l,::\,'\;,'i\ ',\' l\ ~ I:"~ \ tAPR , Z '! ~1 ;, S\' ~1~L---. ,.,-"> , ~- ...--'. -' - ~ " EX ,q JAMES E. BEARD and SCOTT STERNER, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs v. NO. 95 - 1437 JEFFREY BRANDT and BETTY JO BRANDT, Defendants CIVIL TERM COMPLAINT AND NOW, comes Plaintiffs by and through their attorneys, Killian & Gephart, and aver the following: 1. Plaintiff, James E. Beard, is an adult individual with an address of Box 424, Lewisberry, Pennsylvania 17339. 2. Plaintiff, Scott Sterner, is an adult individual with an address of 110 Winding Hill Road, Lancaster, Pennsylvania 17604. 3. Defendants are Jeffrey Brandt and Betty Jo Brandt, adult individuals, husband and wife, who reside at 308 College Hill Road, Enola, cumberland County, Pennsylvania. 4. By Lease Agreement dated August 27, 1991, Plainti~fs leased their premises at 308 College Hill Road, Enola, Pennsylvania, to Defendants, Jeffrey Brandt and Betty Jo Brandt. 5. The terms of the Lease Agreement were Five Hundred seventy-Five ($575.00) Dollars per month, with a rental discount of Fifty ($50.00) Dollars per month, if the rept was received on or before the first day of each month. 6. A true and correct copy of the Lease Agreement is 'incorporated hereby and attached hereto as Exhibit "A". 7. The Lease Agreement provided for l\ one (1) year term with automatic renewal for one (1) year terms. 8. The Lease Agreement provided for late charqes of One ($1.00) Dollar per day if the rent is not paid within the grace period of three (3) days. 9. During the course of the Lease Aqreement, Defendants have , :" repeatedly been delinquent in their payments. /:/,., . < . '!~"-'~{'r\' ,.11,' '''I~'''''' '" ' ... "'\,~. ' .,. "l~" '~"'.. have J'~~':'t:::r 10. Defendants have repeatedly make incomplete payments and made some payments with checks that were returned N.S.F. 11. The Lease Agreement provides that in the event of a breach, the rent due for the entire rental period will become due ? and owing. 12. The Lease Agreement provides that there will be a service Y fee for all dishonored checks of Twenty ($20.00) Dollars per check. 13. The Lease Aqreement provides that tenant has the responsibility to pay for water, gas, heat, electricity, lawn care, ,J snow removal, sewer and trash. , 14. In the event of default by tenants in their obligations Lease Agreement, Plaintiffs have the right to annul the portion of the Lease Agreement, and enter on and the premises. Between september of 1991 and August of 1992, Defendants under the :~' .,.. ::.'1.'..'.'1....' unexpired .,~ J,.' '~ .., .r :"J (:~"' ," C(...1 . :.: :';;' repossess ~. lS. were delinquent in their payments to Plaintiffs in the amount of Thirty Seven Hundred Thirty Dollars and Ninety-Four Cents ($3,730.94). 16. Between September of 1992 and August of 1993, Defendants were delinquent in their payments to Plaintiffs in the amount of _.. -~. ---..~.. Fourteen Hundred Seventy Four Dollars and Forty-Six Cents (1,474.46). 17. Between September of 1993 and August of 1994, Defendants were delinquent in their payments to Plaintiffs in the amount of Twelve Hundred Ninety six ($1,296.00) Dollars. 18. Between September of 1994 and February of 1995, Defendants were delinquent in their payments to Plaintiffs in an amount of Two Thousand Seventy Seven Dollars and Fifty Cents ($2,077.50). 19. Defendants have subsequently made payments in the amounts of Five Hundred Twenty Five ($525.00) Dollars and Eleven Hundred Twenty Five ($1,125.00) Dollars. 20. At the present time Defendants owe Plaintiffs a balance of Seven Thousand Five Hundred Forty Three Dollars and Ninety Cents ($7,543.90) for unpaid rentals and other charges. 21. Defendants have repeatedly refused to pay this amount or any part thereof. COtnl'l' I - BREACH OP CONTRACT/LBASB AGRBBMeNT 22. The averments of paragraphs 1 through 21 are incorporated hereby as if set forth fully and at length. 23. Plaintiffs have a Lease Agreement as attached to this Complaint at Exhibit "A". 24. Defendants are in breach of this Lease Agreement in an amount of Seven Thousand Five Hundred Forty Three Dollars and Ninety Cents ($7,543.90). 25. Defendants have refused to pay all or any part of this indebtedness. WHBRBI'ORB, plaintiffs respectfully request this Honorable Court to award judgment in their favor in the amount of Seven Thousand Five Hundred Forty Three Dollars and Ninety Cents ($7,543.90), plus reasonable attorneys' fees and costs of this action. COUNT II - EJBCTMENT 26. The averments of paragraphs 1 through 25 are incorporated hereby as if set forth fully and at length. 27. Plaintiffs are entitled to immediate possession of the premises since Defendants have breached the Lease Agreement. 28. Plaintiffs are the legal title holders of the premises. 29. The Lease Agreement expressly provides Plaintiffs with the right to ejectment in the event of default by tenants. 30. Defendants are currently and have been repeatedly in default of the terms of the Lease Agreement. WHEREFORE, plaintiffs respectfully request this Honorable Court to grant them possession of the subject premises, and award reasonable attorneys' fees and costs of this action. Respectfully submitted, KILLIAN & GEPHART Dated: April 10, 1995 _.p~Q,.. ~..n,,~' Paula J.qMcDermott, Esquire Attorney I.D. '46664 218 Pine street P. O. Box 886 Harrisburg, PA 17108-08B6 (717) 232-1851 8....-' ... j."'~..) ... "LESSOR N.~., :r. aar... to s;;:;:;..;. - B_h.I.,. har-ifilii i-;r ca ll.d L!.SSOR. a"4 h.r'ln.lt.r c.II.4 LESSEE. rent to tl,. LESSEE. pr..l... known .. :/IJF C./I.. . . /-(.11 PJ In the cUy 01 e-..I. Commonv..lth of Ponn.ylva~Ld. conllotLns of upon the fo)lovLng ter.s and eondltLons: Total ront far entlre lensth of loa.. pa,able to Le.aor . . . , . , , , . , . . . , ;/..". 8.J....._ #...~. Rent ,hall be pald'ln advance on the ~ day of each "oRth be~lnnln8 on .s.,..,r I I' '1 ln the a.ount of , '.' , , " , , , , . . , , . , . , , " S"' . , , . . ., "'.f.. J. - RENT DISCOUNT, R.nt .h.11 h... a 41.count 01 ,$ S"D.22. per month lf r.eelved on or before the I u;. of .ach 1I0nth. or po.t.arked on or b.fore tt;-, u: of each "onth. sa's-. - Mj uot.4 pay..nt oi r([t l!..-t lOonthU(2n4 .onth). Securlty Depoeit. . . . . . . . Late Charge 11 rent not pa14 \lUhln arace per 104 01 three (J) daya. beglnnlng on fourth (4th) 4.y . . . . . . . ~-o .S 'lIP. .$ r.lc- .~ Lensth of Le.se t!JAO 'r'.._ . S I.oe!. p~r 4.y U Beginnina date of Ie... ..!-- d., of r ..r._i.... En4lng 4a,. 01 Ie... 2!.!:: d.y 01 /1.., ..r 19-!L 19~ . '0 DAYS WRITTEN NOTICE by .1'h.r par,y 1. r.qulr.4 to .n4 .n, reneval of tht. lea.e at the endlna dat.. or b, the Le..or to change an, of the ter.. and condltiona of an, renewal It the andln,S date. Renewa. lenlth of loa.. ~f not ended by elther party: t)..,. V......... Pr...l... ~111 b. occupl.4 only.. . S~-J /;. .e...-:- "'7 Larseat nUlllIber of occupants under thl. 1....1 '"7'%__. . No additional occup.nts ar. per.lttad Without written Cona.nt of Le..or and an additional $20 per Month per occupant will be charaed. Payments to be ..de prOMptly (wlthout belna d..anded) when due tOI 8_J..... S7".,-.~_ I'. a, Cu1r f". DIS'II IJ <tl~-'Oll Far le.sed pre.laaa, LESSOn _".ter g.. -heat -e lectrlci"ty ::::Othar For le..ed pre.t.... LESSEE vtll pay fOf: 1'5"0'1 , J.... c... , r._ ~ , I?tr.,,~ -'.fl"'f \1111 p.y lor. lavn care ::::.now ra~o~al aeWBr ::::tra.h -k:...vater >r BAlli ~hC!l1t -X-electriclty ::ii::U'her I )woo IIIvn care ::i:anow re.oval ~;;=:~ 7 Tu ~'?t"7' PLAlNTlFP:II. <.-. tJ EXHIBIT "A" /J ....,../ 4 "'1~__ ""'A.... ( ....f('. Ir .1"7') . .. . ~ " . CERTIPICATE OP SERVICE I, Lisa Marie Coyne, Esquire, do hereby certify that a true and correct copy of Defendants' Preliminary Objections 7.1" to Complaint was served the IO~ day of ~~' 1995, by first class mail, postage prepaid upon those listed below: Paula J. McDermott, Esquire Killian & Gephart 218 Pine Street P.O. Box 886 Harrisburg, PA 17108-0886 Dated: / t? 11111 q) ,0 ,.. sa arie Coyn , Esquire ~ttorney For D fendants 3901 Market St eet Camp Hill, PA 17011-4227 (717) 737-0464 Pa. S. Ct. No. 53788 LJ") en M :>:: "'- .. r-- ,. .... -::r ~ " :-::c . " NOTICE OF APPEAL COMMONWIAUH O' ,IHNIYLVANIA COUI' 0' C_N 'LIAS Cumberland County, PA JUDICIAL DISTIIC' FROM 09-1-02 DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. Q5' -I If 37 UVd T~ NOTICE OF APPEAL Notice i. gi_ that lhe appellant has filed In the above Court of Common Plea. an appeal from the judgment rendered by the Di.trict Ju.tice an the date and in the case mentioned be'- :::~~effrev L, Brandt and 308 SRttv ,In R..~n'H ov I MAG:~:)~:~~ .,1 Z. CQ()f 2/22/95 ~ CV 19. oyne, ESB/Uire, 3901 Market St. U19 61-95 Camp Hill, PA 17011-4227' Pa. S Ct 53788 Thi. black win be signed ONLY when this natation i. required under Po. R.cP JP. No. If appellant was CLAIMANT (see Pa. R.C.P.J.P. No. 10088- Thi. Notice of Appeal when received by the Di.trict Ju.tice, will operate a. a 1001(6) in action be(ore District Justice, he MUST SUPERSEDEAS to the ),udgrnenl fat possession In this ca... FILE A COMPLAINT within twenty (20) days after 016,. :d,d II: a. w~ .J.()' AhC. filing his NOTICE o( APPEAL. o -.,.or-A~ature ~'it,rhonotary b> b';tty 7 PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This seellon 0/ fonn to be used ONLY when appellant was DEFENDI\NT (sea Pa, R.C,P.JP. No, 1oo1(7) in action belore District Justice. IF NOT USED, detach from copy 0/ notice 0/ appeal 10 be served upon appellee}. PRAECIPEI To Prothonotary Enter rule upon R"....rI II. ~ "',..n" ../, T. moa E a'l. rei ,appenee(.), ta file a complaint in this appeal NNno 01 awo1Jec(S} (Canvnan Pleas No. .3 5' - I Lf 3 7 tlV.:J. T VlN. ) within twenty (20) day. aft ervice of rule or .uffer try of Judgment of non pIOL RULEI To " ~P}IJ,..rl: It , ~t~,...no,../.l"'mQa 1: _ oI_loe(sJ ROA~d. appelJee(s). -. (1) You are nOfified that a rule i. hereby entered upan you ta file a complaint In this appeal within twenty (20) days alter the dale of service of this rule upafyou by penanal .ervice or by certified or regi.tered maiL ~ 4 (2) If you da~"'" file a camplaint within this lime, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU, c:u (3) The date ~ service of this rule if .ervice was by mail i. the date of mailing. Date: }'niAd... U . 19~ f{)~,,~ {t. ')Y~~~~ NJPC 312+&4 COURT FILE TO BE FILED WITH PROTHONOTARY 1 .~ t r;; ~ ~ ~~ ~ ~ l'I'"l ..,.. ~ <':'( en >-,. .... - ... .- * a "r :b; \,AI~::' :~; .., (.)-;r'~ f I", ~ ::; # -of...'... Q '" ~ Q it-r.n-""j N "'" N =:! ,",~. :': ~~ ~~ lri : 'j- ~ ....... "- 'Ql: a: u. . ... ".-- :c --OJ' uo S8J!d)(s UOIISIWWO:>> AW "/:llnO JO ./IIJ ep.w SIl'M "IlBP'Il" WOl/M 8JOJ9q 1'/"'110 10 emlfwtJ,s IUBwe /0 tJJmeutJ!s ,:.-, -61 ' ~o Aya SIHl 3rl 3klO~38 0381klOS8ns aNY (03rlkll~~Y) NklOMS 'OlOJ04 p04~elle Id!o~oJ S,JOpUOS 'new (POJOIS,BoJ) (pO'l!lJo~) ~q 0 O~'^JOS teuosJed ~q 0 -61 ' uo pOSS9Jppe seM olnkl 041 W04M 01 (s)oellodde 041 uodn leoddy 100~!I0N e^oqe 04IBu!~UBdwo~~elu,eldwoo e Oll~ 01 0lnkl041 PO^JOS IIB41 J04IJnl pUB 0 'OlOJ04 p04~BIIB Id!o~oJ S,JOpUOS 'I!ew (POJOIS,BoJ) (pO!l!lJa~) ~q 0 O~!^JOS IBUOSJod ~q U 61 ' uo' (oweu) 'oo!loddB 041 uodn pue 'OlOJ04 P04~BIIB Id!o~oJ S,JOpUOS 'I,ew (peJOIS!BoJ) (pO"!IJO~) ~q 0 O~'^JOS leuosJod ~q 0 '-61 ' (O~!^,O./O O,Bp) uo UIOJ041 POIBUBISOP o~!lsnr l~fJIS'O 041 uodn ' 'ON seold UOWWOO 'IBoddy 10 0~!I0N 941'0 Ado~ e 0 P9^J9S IIe41 WJIlIB JO JeOMS ~q9J94 I :~I^Yal.:l.:lY II : ~O A1NnO:> VINV^'ASNN3d ~O Hl1V3It1NOI'II'IO:> (so.oq a/qa~"dde ~~aIlO '/eadde}o O~"OU 91l' 6U1/11 !/3l:/V SA VO (a!! N3l N/Hl/M 031/:/ 39 lsnw 9~!^,9S/0 }oOJd S'lll} ~NIY1dWO::> 311.:1 O~ 31mf aNY 1Y3dd'<t .:10 3::>I~ON .:10 3::>IMf3S .:10 .:IOOHd - '" COMMONWIALTH 0' PINNSYLVANIA COUaT 0' COMMON PLlAS NOTICE OF APPEAL ;I~J I~;, il,' J !iJl It: ' !'/\ JUDICIAL DISTIICT FROM II'.' - 1 - I; DISTRICT JUSTICE JUDGMENT COMMON PLlAS No. q!i - J Lf 3 7 cw.J. T~ NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Comman Pleas an appeal from the judgment rendered by the District Justice on the date and in the case ..-tianed bekM ::~.wJ"'f'rr"'" L, BrM,,)t "n,) n,.1 , 'f ,1.1 '-It'aNI.-1f I..... ~~!:l~ ~~ c. e" z. CODI! ~HIH Ctlllpn:p H I , ,<. ..'fI'..r :: / ;~~-~/ /)1) Be!.. 'd P. .' "/ T. i''>'' l,; , ' <-<- CV 19. ,.0'/11<:, E:; Ill''', J')O I 11'II'kel. :it LT19'''~'t'..&9!J. C.:lI!1P IIILl. Pl\ 1701J"'4.~:~'I. p,,!. S f:t !j;':!"r'lttl This block wi~be sIjJned NLY when'this notation is required under Po. R.cPJP. No. If appellant was CLAIMANT (see Pa, R,CP.JP. No. 10008.,' ", This Notice of Appeal,' when received by the District Justice, will operate as a 1001 (6) In action before District Justice. he MUST SUPERSEDEAS ta the ),~t lor po;i~sslan in this case. FILE A COMPLAINT within twenty (20) days after :, tj1...~/l Cl.l!1I:.#JgIIL-"J!J'./J.ldj filing his NonCE of APPEAL. " cJ "?ignatUIB ~honoIarY '" ~,y PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of fann to be used ONLY when appellant was DEFENDANT (see Pa. R.c.P,J.P. No, 1001(71 in action before Disuict Justice. IF NOT USED, detach from copy clnotice of appeal to be served upon appellee). PRAECIPE, To Prothonotary Enter rule upon Il..~ .....1 l' "......r"-'r'/ I "~r F I' I' I ,appeUee{s),to fjle a complaint In this appeal NIMoo 01 "IJPOIIcc(S) (Common Pleas No. q 5 - I If 3 7 t;.1 T tM..) within twenty (20) days ~ervice of rule or suffer try of Judgment of non pra~ . I __ or his artornoy or agonI RULE. To f:J....,-.".f y ,~t-".....,.~..I '1"1' V VI: II t.oppellee(s).! Name oI_lcc(sJ (1) You are notifHii:l,that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days alter the date of service of this rule upon yao, by personal service or by certified or registered mail: . , , , '....--, (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS WILL OE ENTERED AGAINST YOU. ,.J (31 The date of serW:e of this rule if service was by mall is the date of mailing. Date: )'nDNJ-. U ~19..1f. [a",,J../-I.I.... t). )1K./flA~ h...u-z ' QJl CI , ~0I~0lp;:Y r'U >.."..,,,,.,- N:lPC312.84 COURT FILE II,',' JMII:;S E. BEARD 'und In The Court of Common 'lea. of SCOTT STEIlNER, } Plaintiffs ) ) ) ) ) JEFFREY BRANDT und BETTY .10 BRAND1\ Defendants Cumberland County, 'ennaylvanta va. CIVIL 1995 "0.1437 , .;I OATH Ve do lolemmly awear (or affirm) that ve vill lupport, obey and defend the Coutitution of tbe Unitad Stat.. and tbe CODltit\ittOIl of tbia c:cnmon- vaaltb and that we vill dilcbarae tbe dutiel of our office witb fidelity. . V k, p--1 f~ - Chairman ..,..c 7~ AWARD Ve, tbe undersigned arbitrators, having been duly appointed and aworn (or :affirmed), make the following award: (Note: If damagea for delay are awarded, they lhall be leparately atated.) We.. h'J..f,.".. 1k P{e,(...f:.ffs O'~ neir c/..t'...... .......f T'2.R_ li{r- 1A/",,,.-li ()'f. rz.e;r <''''1..,Tuc.l.,:'-o ~f' .;; {t.'v{ ~ 11p p{..,.... -!l-I"& q -re (}".4A.yJL.i i 4~OO ~l..: '" 1'....c:..lJer ~ deel'f.c-f,'.n..,. h.r- ~ ...l?c......-iyef..~'-+ bl.it 1-10 J'eJ.",;i.c.4 tVi.i 4ee"1 ~<\,le -h:r n..e <t(05"t?;" eS'rc.i~ ~{~ . Arbitrator, dissents. (Insert name if applicable. ) Da te of Bearing: t' 12:!.....\ % Date of Avard: ~ ~11.b ne, t:lqu re NOTICE OF ENTRY OF AWARD Now, the .+II" day of CL.....(?I....~-\. ,199l(., at 'i':c I , f).H., the above ~rd was entered upon the dockif and notice thereof given bY-mail to the parties or their attorneys. Arbitrators' compensation paid upon appeal: $ ::JLL'O. C'O to be 0' ...-:'l ( tlll(?(/(O , v (e' / ( ) f O/c..r Prothonotary \J'\<l~(n();y", (.'j~L, Deputy , By: \. \.)(~ \'_ J. qJ ~ J J ~:- C 1-; --l- 0- ~ CJ 10:3(." 6, .:t~ C- ~C ' , 2- (1l '-~~ -~ -)~ ~ 1 I;' 1;:i ~ ex> wt, m ';'('/) 4 -' (, .._1:;1'" u:l;j S~ .~Z :' 1- oJ [jJ - ,3 t'. .;; ")::1. -,' 0 <.0 :5 € en u . OCT 01 ;996 V JAMES E. BEARD and SCOTT STERNER, Plaintiffs : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY ,PENNSYLVANIA v. : NO. 95-1437 . . JEFFREY BRANDT and BETTY JO BRANDT, Defendants . . : CIVIL ACTION - LAW ORDER AND NOW, this JS J-day of _~./J--. ,1996, upon consideration of Motion for Release of Funds held in Escrow, the Prothonotary of Cumberland County is hereby directed to distribute the funds held in escrow in the amount of $1,050.00 to Paula 1. McDermott, Attorney for Plaintiffs, lames E. Beard and Scott Sterner. By the Court;- ~ -' 1. , . CERTlFICA TE OF SERVICE 1 r ,. , \i I, Lawrence J. Neary, Esquire, of Connelly, Reid, & Spade, attorneys for Jeffrey Brandt and Betty Jo Brandt hereby certify that I have on the date shown below, served a copy of the foregoing Motion for Release of Funds Held in Escrow to the person(s) and in the manner Indicated below: , , I Paula J. McDermott, Esquire 218 Pine Street P.O. Box 886 Harrisburg, PA 17108-0886 VIA HAND DELIVERY Respectfully Submitted, CONNELLY, REID & SPADE Date: ql<!7~ I By: Ijnldoc:lll<lndl mot lit) I 1 I .- r-' 0- L'., --.,; l:~~ I 0, ,:; h' < ':~: ;~ UJ~' <.."'- \,: ~ . <0- ;.,~~J ,0 0 cr . '-,- c:> 'i.-I) , ' " . @' C"'~ . ~ .:.-. ---,(:... ,/. -- , 0-, +_'UJ u.:. ~' u.' :'.J~ I <-~ ::; L:. '.J:' 0 C' (.) . JAMES E. BEARD and SCOTT STERNER, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs v. NO. 95 - 1437 JEFFREY BRANDT and BETTY JO BRANDT, Defendants CIVIL TERM PRAECIPE Kindly mark the above-referenced matter satisfied with prejudice. Respectfully submitted, KILLIAN & GEPHART Dated: October B, 1996 p0-4 e:;' /)I-c ~ Paula J. McDermott, Esquire Attorney I.D. #46664 21B Pine Street P. O. Box BB6 Harrisburg, PA 1710B-0886 (717) 232-1B51 CERTIPICATE OP SERVICB On this 8th day of October, 1996, I hereby certify that I served the foregoing document on the following by depositing a true and correct copy in the United States Mail, postage prepaid, addressed to: Lawrence J. Neary, Esquire CONNELLY, REID & SPADE 10B-112 Walnut Street P.O. Box 963 Harrisburg, PA 1710B KILLIAN & GEPHART f~ ~. (W.< ~ . .:&.t Paula jV. McDermott, Esquire Attorney I.D. #46664 218 pine Street P. O. Box 8B6 Harrisburg, PA 17108-0B86 (717) 232-1BS1 _"l" c;; ~(:: :;' v.~, UI.,' <..:1: \,. ~l . ~ .~ ()l ,S. l.l','-" (';:,' "" -" ; .*):; Cl - " \-' ( , C 'l.J.' ~I ,".'J :: -~ :.:.. :::> c) " (.J